Regina v. Prince L.R.

2 Crim. Cas. Res. 154 (1875)

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Nature of the Case

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Facts

Prince (D) had sex with Annie, who had told him that she was eighteen. D reasonably believed that she was eighteen. She was actually fourteen. D was indicted under 24 & 25 Vict. c. 100, s. 55, for that he did unlawfully take an unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father. The jury found that the girl went with D willingly, that she told D that she was eighteen years of age, that he believed that she was eighteen years of age and that he had reasonable grounds for so believing. This was a strict liability offense, and D was convicted. D appealed. The question, therefore, is, whether the findings of the jury, which are in favor of D, prevent what he is proved to have done from being unlawful within the meaning of the statute.